2010 年 2 月 5, Zhuzhou City, Hunan Province Land and Resources Bureau aboard Cooperation Real Estate Development (Group) Co., Ltd. taxed a fine of 567,000 yuan. According apt the Land Exchange Center Zhuzhou case of land use right convey cost assessment, Currently, the rate of alteration in volume behind the narrated supplemental concert not signed, the enterprise only temporarily behind 200 million.
containment volume rate of fraud
ten from the floor area ratio dispute lawsuit Changsha lawyer Cao Shujun that the volume rate effectively refers to a cell's total construction area and land area ratio, to a certain extent, reflect the building density, and thus the landscape space and the house into the deep,
cheap air max shoe, light generated the clash of these and closely related to the vital interests of the owners. In general, the lower the volume, the smaller the density residential, community residents will be higher comfort, on the inverse, the lower the degree of comfort.
to attend the trial finished, the reporter came to the area, the site for several plaintiffs live house. At that time, although two in the afternoon, outside the glare, but on the first floor, second floor, and other residents of the living apartment, bedroom, then if you do not corner on the lights, very dark indeed.
The indictment reads, Changsha Guanghui real estate company in the plaintiffs live in one area shrieked the Orchid Pavilion near the peak of the new King of real estate, real estate has 4 towers,
cheap air wildwood supreme, of which three properties for the Siamese. Almost all of these high-rise floor height, and the plaintiff are too close to residential area and other issues. Since these 30 layers of Especially in winter, the chilly north air already hard to persevere, the north wind came back even aggravate. Originally sunshine, lighting, airing is very agreeable scenario.
In this regard, Hu A 1st suggestion in the future because real estate projects and additional key data volume rate ought be more thorough disclosure of publicity,
men asics, so for to permit more customers to truly discipline the right to partake, administer.
[related cases]
8 19, 1016 Deya Road, Changsha, Hunan, and Station Road, No. 316 5 118 houses nearly 500 people, collectively sued the Changsha City Planning Bureau of administrative litigation in Yuelu People's Court. Since this is a typical case of people suing government officials, and related to the volume rate, sunshine rights,
air Jordans, the right lighting, ventilation, power, right overlooking a very matter-of-fact and practical legal issues,
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It is understood that developers in the development process if you ambition to adjust the plan, according to the regulations first apply to the planning department, planning department approved, but also the need for stakeholders (including buyers, latent buyers, close to area residents, etc.) for publicity, and publicity in the sales office places and more culling. Have no objection to bring an end to ... publicity in order to be planning to change through legal means. But now some developers are often a mere etiquette when conducting publicity, shirking publicity shrink cycle.
fraud problem. a focus of special treatment, that is investigating state workers changes in land use planning in the building, floor area ratio correction abuse of power, dereliction of obligation and so on.
Zhuzhou Ministry of Land and in the Among them, Hunan Cooperation Real Estate Development (Group) Co., Ltd.
this regard, the plaintiffs believe that the problem is that the defendant Changsha Municipal Planning Bureau does not bring an end to ... the statutory procedures for convening stakeholders (including the plaintiff) to participate in the hearing, a solemn infringement of the plaintiff's neighboring rights, informed rights. The indictment said the developer is not to be built before the residents for remarks, community residents informed no one, no one comprised, no one signed the so-called informed consent once and for all is the development of the company forged. However, not only unlawful administrative acts of the defendant to be correct, but after using illegal means and developers (March 19, 2010 and beyond) ascertain little achieve on individual families, to cheat their ID cards and duplicate of the account to the defendant unit for two or three years down the date of signing a false signature procedures. Accordingly, the plaintiffs ask the court to validation the defendant in 2009, according to the million to repay.
In truth, the Ministry of Land and supervise the handling of disclosure of the In recent annuals, maximum of the housing complaints throughout the nation, about entire associated to the volume rate. Developers in the construction process, or not to accuse consumers on the rate of volume without change,
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capacity, water, cordless and communications capacity of the growing problem of the shortage there; Moreover, because now the medicinal, educational, cultural and other public merchandise, mostly by compartment population density configuration, if the residential floor area ratio becomes larger, a actual increase in population will inevitably Area residents bring to the remedial manipulation is complicated, hard to buy edible, educate difficulties and a series of problems and issues.
Subsequently, the reporter went to interview the project's developer. Changsha Guanghui real estate company's receptionist said the company in charge of receiving all of the presidency and cadres are not in the newspaper medium. Although the reporter left a adjoin, but as of reception time reporters, and correspondents of the company has not been linked.
In the interview, a local resident surnamed Li told reporters reflect that, and now lighting, ventilation and other reason are affected, the problem is the volume rate of the real estate has changed. It reflected, according to Planning Board for approval by the volume rate, the estate can only be built over 50,000 square meters of the house. But while the real estate Construction Commission reported more than 60,000 square meters, and the real estate advertisements had said was nearly 70,000 square meters.
profits driven
Department of Homeland supervise the handling
reporter studied that, as early as April 29, 2010, Changsha City Planning Bureau has also been the owners of Villa Hibiscus Villa collective court. Property owner's demand, the court rejected the defendant is requesting permission to change 1993 2002 Villa Hibiscus Villa Figure 0.67 of the total planned floor area ratio of 1.01 for specific administrative licensing movements.
According to insiders, and now some developers to change the volume percentage, there are three forms: First, obtain to later, via various method to increase the volume rate of 0.1 or 0.2, whether the planning division to obtain the agree and permission, then this namely not legally became valid; the second is based on existing citizen regulations, volume rate itself can naturally have a floating range, in this environment,
nike wind max as inexpensive 华南虎两年产7只小虎崽创国内之最(组图), developers do not bear the increased zone penalty underwent So many developers are now instantly exploiting this loophole to maximize the use of policies and regulations; Third, after approval by the planning department, the outside portion of the volume rate than disburse the bonus penalty imposed, if the developer to approve a fine, not misdemeanour.
2000 along, real estate companies to start building a third, second and third period, completed in consensus with the coincided volume rate. March 3, 2005, Jasper Hill Zhuzhou City Planning Board will adapt the rate of the fourth volume of 0.872, the department of land without consent, neither to pay the price. Jasper Hill IV (
the ratio of housing prices, but also determines the gold content of the land creature adult. In general, the higher the volume, the greater the profits of developers. Business is always the one hand, high-profile outreach, the development of their own How low residential floor area ratio; the other hand, they explicitly or implicitly increase the building area, floor area ratio increased, which led to various conflicts and disputes.
this, the industry believes that, in array to more mainly decrease the rate of volume change behavior or fraud, on the one hand, I do need Planning Bureau and other relevant functional departments with excellent resolve and completely cut off one of the benefits chain, to eradicate one of the unspoken rules, increase efforts to investigate and deal with exercise. For refusing to self-correction, fraud, cover up the problem of violation of discipline, the department responsible to be dealt with severely; for the declared crime, they have to be transferred to judicial apparatuses for nefarious liabilities. On the other hand, also need to complete as presently as feasible to upgrade the existing legal system, the rate of volume to make more accurate and specific norm. Strictly limited only to the extent possible to adjust the volume rate conditions, regulate the procedure to adjust the volume ratio, strengthen its follow-up of planning control; but also to remove the floor area ratio requirements of the size of real estate projects, land transfer contract must be clearly written, not by developers are free to adjust.
According to reports, March 25, 1999, Zhuzhou City Land Resources Bureau of the agreement to sell assisting commercial land, the assignee of Zhuzhou Cooperation Real Estate Development Co.,
mbt baridi shoes Outstanding headmaster overwork death of seminary students slit, Ltd. (later changed to Hunan Cooperation Real Estate Development (Group) Co., Ltd.), the land use right transfer price of 2.9534 million yuan, the construction compact volume was 0.53.
for a comprehensive and objective understanding of the position, at Aug. 23, Changsha City Planning Bureau, Office of the Director of the Bureau to discuss the Secretary, after fast call back to the reporter, alleged two things: First, which in this case, Changsha Municipal Planning Bureau has been in the administration according to law; Second, since the case has now entered the judicial process, then they simply await for the court's determination, I believe the tribunal will have a reasonable and just decree; out in court before they provide anybody data is not convenient.
reporter eminent that in the trial, either the incipient defendant, the defendant nigh the Planning Bureau in Changsha, October 29, 2008 issued a report analyzing sun started heated debate. Plaintiffs' lawyers pointed out that the word in the agent, the daylight of the report, there is not only relying on sunshine almost 2 buildings affected, also far away from the influence of sunshine but mediocre people such as rational sub-problems, and the new 1,2 , 3, 4 layer Building altitude and Changsha City construction project planning copyright does not match the elevation, which has completed a architecture permit from the planning in the 30-story into 32 layers. Accordingly, the plaintiff catered that construct the floor height of sunshine analysis is false, so the October 29, 2008 by the sunshine of the report is ineffective. In adding, the plaintiffs also trust that the sunshine of the paperback should be in the land ahead planning approval for, and now the sunshine of subsistence on the date signed by residents of the time
a Director. The name of the respondent Director of the way, but has again accentuated the Changsha Municipal Planning Bureau in the administration according to law, there is not fault. As for the plaintiff that the issue of forged signatures, the defendant said the developer, and other issues, the Planning Board itself did not understand.
In this regard, the defendant respondent that the sunshine has a highly specialized analysis, and most people understand the distinctions, the plaintiff recommended a few years back to learn to speak afresh.
considerable digit of people willing to take hazards; on the 1 hand,
air max classic, related to the legal system itself is now indeed there are some deficiencies and failings. In fact, according to the present legal regime, the rate itself has a gross floor area floor area ratio and web volume rate of the points. In common, the gross floor area ratio lower than the web volume rate of about 50%. These two indicators are legitimate, unless otherwise specified, when it comes to volume ratio generally refers to the web volume rate. But the state does not plainly provide developers the net volume rate of improvement only, so, some developers on skirted the decree, will be converted to net volume rate of gross floor area ratio of publicity. Buyers who do not understand the secret, thought the district's very low volume frank, stay after the finding of fools.
volume rate of change
Legal Daily reporter Zhao Wenming Ruan Zhanjiang
plaintiff attorney Changsha Hu a lawyer early that the future developers to increase the relevant departments to supervise the public floor area ratio of the publicity efforts.
due to unauthorized changes in building floor area ratio, Hunan Cooperation Real Estate Development (Group) Co., Ltd developed the for the Ministry of Land and supervise the handling of one of the six cases.
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volume rate of fraud after distinct
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